1.1. These Terms apply to your use of the Leaping Tiger Service. By accessing and using the Leaping Tiger Service:
a. you agree to these Terms; and
b. where your access and use is on behalf of another person, you confirm that you are authorised to, and do in fact, agree to these Terms on that person's behalf and that, by agreeing to these Terms on that person's behalf, that person is bound by these Terms.
1.2. The Leaping Tiger Service is only for persons age 13 years or older. If you are age 13 years or older, but less than 18 years, you must obtain permission from your parent or legal guardian before using the Leaping Tiger Service. By accessing and using the Leaping Tiger Service, you confirm that you are age 13 years or older and that you have the permission required by these Terms or any laws or regulations.
1.3. Using the Leaping Tiger Service may be restricted or prohibited in certain countries. You are responsible for complying with any laws and regulations of any jurisdiction governing permitted, restricted or prohibited access to the Leaping Tiger Service, whether you use the Leaping Tiger Service from within or outside New Zealand.
1.4. If you do not agree to these Terms, you are not authorised to access and use the Leaping Tiger Service, and you must immediately stop doing so.
2.1. We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Leaping Tiger Service, you agree to be bound by the changed Terms.
2.2. We may change, suspend, discontinue, or restrict access to, the Leaping Tiger Service without notice or liability.
2.3. These Terms were last updated on 27 March 2015.
In these Terms:
Content means any content and information a user makes available via the Leaping Tiger Service
including and similar words do not imply any limit
Leaping Tiger Application means the mobile and web application marketed by us or our authorised distributors under the name Leaping-Tiger, Leaping-Tiger Player Connect or Leaping-Tiger Gaming Network and as may be updated or modified from time to time.
Leaping Tiger Service means the services provided by us in connection with the Leaping Tiger Application, whether accessed through the Website, a mobile device, mobile application or other means, and whether or not you create an account with us
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about an identifiable, living person
Underlying System means any network, system, software, data or material that underlies or is connected to the Leaping Tiger Service
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Leaping Tiger Service
we, us or our means Leaping Tiger Limited
Website means www.leaping-tiger.com
you means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting
4. YOUR OBLIGATIONS
4.1. The Leaping Tiger Service is provided to you for personal, non-commercial use only.
4.2. You must not use the Leaping Tiger Service for anything other than its intended purpose and not for marketing or commercial purposes or as a social media network other than for the purpose of connecting Leaping Tiger Service users, to facilitate friend discovery leading to in-game play.
4.3. You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.4. If you are given a User ID, you must keep your User ID secure and:
a. not permit any other person to use your User ID, including by not disclosing or providing it to any other person and by ensuring that others do not have access to your account; and
b. immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to firstname.lastname@example.org.
4.5. You must:
a. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Leaping Tiger Service or any Underlying System, or otherwise attempt to damage or interfere with the Leaping Tiger Service or any Underlying System;
b. not, except to the extent necessary to use the Leaping Tiger Service for its intended purpose, copy or distribute the Leaping Tiger Service in whole or in part in any visual or machine-readable form;
c. not copy, translate, modify, vary, adapt, create derivative works from, decompile, or reverse-engineer the Leaping Tiger Service (or cause or permit any person to do so), or otherwise attempt to derive the Underlying Systems' source code from object code, in whole or in part, except to the extent expressly permitted by any law or treaty that is in force where that law or treaty cannot be excluded, restricted or modified by these Terms;
d. not sell, transfer, licence, sublicense, display, lease, assign or otherwise exploit, deal with or grant a security interest in the Leaping Tiger Service; and
e. not merge all or any part of the Leaping Tiger Service or the Underlying Systems with any other product, software or source code; and
f. unless with our agreement, access the Leaping Tiger Service via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.6. You must obtain our approval to establish a link to our Website, and do so in a way that could not be considered harmful to the Leaping Tiger Service.
4.7. You represent and warrant that you have never been convicted in any jurisdiction of a serious crime or a crime against a minor and that you are not required to register as a sex offender in any jurisdiction.
4.8. You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including the failure of a person who accesses and uses the Leaping Tiger Service by using your User ID.
5. CREATING AN ACCOUNT
6. OTHER USERS
6.1. You are responsible for your interactions with other users of the Leaping Tiger Service. Although we may from time to time, in our absolute discretion, take steps to verify the identity of users, authenticity or appropriateness of information, user content, or users' use of the Leaping Tiger Service, we do not undertake to carry out these or any other steps.
6.2. You must:
a. use the Leaping Tiger Service only for lawful purposes;
b. not impersonate any other person or misrepresent authorisation to act on behalf of another person;
c. not use the Leaping Tiger Service in a manner, nor transmit any Content, which may harass, threaten, offend, intimidate, incite unrest against, mislead, defraud or defame any person, or which may be illegal or objectionable, or in breach of the rights of any person;
d. not use the Leaping Tiger Service to transmit any personal information or images of another person without that person's consent; and
e. not use the Leaping Tiger Service to send unsolicited messages (including spam, junk mail, chain letters, or similar), request money, give instructions or advice or encouragement to any person to act in a manner mentioned in clause 6.2c.
6.3. You acknowledge that your Content may be made available to other users of the Leaping Tiger Service for the purpose of providing the Leaping Tiger Service to you and other users.
7. INTELLECTUAL PROPERTY
7.1. We (and our licensors) own all proprietary and intellectual property rights in the Leaping Tiger Service (including all trade marks, logos, information, data, text, designs, graphics, artwork, photographs, icons, sound recordings, videos and look and feel), and the Underlying Systems (including the software source code), and any copies, adaptations, translations, modifications or derivative works of any of the foregoing.
7.2. If you provide us with ideas, comments or suggestions relating to the Leaping Tiger Service, all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including enhancements, modifications or derivative works), are owned solely by us and we may use or disclose that feedback for any purpose.
7.3. You grant to us an irrevocable, perpetual, fully paid-up, worldwide licence to use, copy, translate, modify, vary, adapt and create derivative works from any of your Content for the purposes of the Leaping Tiger Service including for the purposes of marketing and advertising the Leaping Tiger Service and any related services.
8.1. To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a. the Leaping Tiger Service being unavailable (in whole or in part), performing slowly or not performing as expected;
b. any error in, or omission from, any information made available through the Leaping Tiger Service;
c. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Leaping Tiger Service. To avoid doubt, you are responsible for ensuring the process by which you access and use the Leaping Tiger Service protects you from this;
d. any site linked from the Leaping Tiger Application. Any link on the Leaping Tiger Application to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators; and
e. the Content of or the actions of another user of the Leaping Tiger Service.
8.2. We make no representation or warranty that the Leaping Tiger Service is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Leaping Tiger Service is not illegal or prohibited, and for your own compliance with applicable local laws.
9.1. To the maximum extent permitted by law:
a. you access and use the Leaping Tiger Service at your own risk on an as is basis; and
b. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Leaping Tiger Service, or your access and use of (or inability to access or use) the Leaping Tiger Service. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise;
c. without limiting any other provision, we are not liable for:
i. any indirect, consequential or incidental loss or damage arising under or in connection with these Terms, the Leaping Tiger Service, or your access and use of (or inability to access or use) the Leaping Tiger Service;
ii. any warranties as to satisfactory quality, fitness for purpose, merchantability or non-infringement of any third party rights.
9.2. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
9.3. To the maximum extent permitted by law and only to the extent the other provisions of this clause 9 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Leaping Tiger Service, or your access and use of (or inability to access or use) the Leaping Tiger Service, must not exceed NZD100.
11. SUSPENSION AND TERMINATION
11.1. Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice and without disclosing any reason, remove all or any part of your Content or any other user's Content, and/or suspend or terminate your access to all or any part of the Leaping Tiger Service and our agreement with you under these Terms.
11.2. On suspension or termination by us, you must immediately cease using the Leaping Tiger Service and must not attempt to gain further access.
11.3. You may terminate your agreement with us under these Terms by discontinuing your use of the Leaping Tiger Service, sending an email to us at email@example.com
11.4. On suspension or termination for any reason, you will not be entitled to any refund of unused fees including any unused in app purchases.
12. RELATED SERVICES
12.1. We may now or in the future, decide to charge fees for the Leaping Tiger Service or to make available new features or related services, including in-app purchases. If you choose to take up a new feature, service or in-app purchase, or to continue with the Leaping Tiger Service, you will need to also comply with our further terms titled Payment Terms (Not yet applicable)
12.2. Your use of the Leaping Tiger Service may involve your use of third party services or features for which additional terms and conditions apply (e.g. those for Facebook or app store purchases). You must comply with any relevant additional third party terms and conditions.
13. DISPUTE RESOLUTION
13.1. If you believe another user has acted in breach of these Terms or you wish to raise any other issue with us, you may contact us at firstname.lastname@example.org noting your complaint and providing information to support your complaint.
13.2. On receiving a complaint, we may, in our absolute discretion, choose:
a. to take no action whatsoever;
b. to annotate, modify or remove any user's Content; and/or
c. restrict, amend, suspend or terminate the access of any user.
13.3. Except as set out in this section, we do not provide any assistance, dispute resolution or remedies in the event of a dispute between you and another user or any other person. Your rights and remedies against another user or other person are those at law.
14.1. If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to notices and written communications.
14.2. These Terms, and any dispute relating to these Terms or the Leaping Tiger Service, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of New Zealand in relation to any dispute connected with these Terms or the Leaping Tiger Service.
14.3. For us to waive a right under these Terms, the waiver must be in writing.
14.4. Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.8, 7, 8, 9, 11.2, 11.4 and 13.3 continue in force.
14.5. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
14.6. These Terms set out everything agreed between us and you relating to your use of the Leaping Tiger Service and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Leaping Tiger Service that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
APPLICATION OF TERMS
5. You are not required to provide personal information to us, although if you choose not to do so then we will be unable to make certain sections of the Leaping Tiger Service available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.
6. We do not knowingly collect information from children under the age of 13 years.
PURPOSES OF COLLECTION
7. The personal information you provide to us (including any information provided if you register as a user of the Leaping Tiger Service) is collected and may be used for providing the Leaping Tiger Service to you, monitoring and improving the Leaping Tiger Service, communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks, research and development, to verify your identity or the authenticity or appropriateness of your information, Content or use of the Leaping Tiger Service, and for the purposes of determining the extent of any suspected improper use. Where we suspect any improper use of the Leaping Tiger Service by you, we may also retain any personal information about you for the purpose of maintaining the security, safety or integrity of the Leaping Tiger Service, even if we have suspended or terminated your account or access to the Leaping Tiger Service.
9. We use the technical information we collect to have a better understanding of the way people use our Leaping Tiger Service, to improve the way it works and to personalise it to be more relevant and useful to your particular needs. We may also use this information to assist in making any advertising we display more personalised and applicable to your interests.
DISCLOSURE OF INFORMATION
12. Check-ins, Comments, and other Public Information: Our services are designed to help you share information with other gamers around the world. Most of the information you provide on Leaping Tiger is information you are asking us to make public. Your public information includes; your Leaping Tiger profile, (including information you have provided to us through Facebook), the check-ins you have created including associated metadata associated with your account, and any comments/likes and social interactions within the platform.
13. We use Google Analytics tools to better understand our users, including Google Analytics Demographics and Interest Reporting. You may opt out if you do not want information about you sent to Google Analytics.
14. Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
a. to service providers and other persons working with us to make the Leaping Tiger Service available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
b. to service providers carrying out services for us in relation to any of the identified purposes for which we collect information;
c. in relation to the proposed purchase or acquisition of our business or assets;
d. where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency; or
e. when authorised by you.
15. Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
16. Although we will take steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk. You acknowledge that any information you choose to disclose on pages viewable by other people may be collected and used by others. We cannot control that collection and use. We encourage you to exercise discretion and caution in disclosing any personal information.
ACCESS AND CORRECTION TO PERSONAL INFORMATION
17. You generally have the right to request access to and correction of any of the readily retrievable personal information we hold about you (other than certain exceptions stated in the Privacy Act). If you would like to exercise these rights, please email us at email@example.com along with evidence that you are the individual to whom the personal information relates. We may charge you our reasonable costs of providing you copies of your personal information or correcting that information.
18. We may provide features that enable you to access and update your personal information directly, in which case you may access and update your personal information yourself. You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains, true, current and complete.